AB444, s. 8 4Section 8. 885.37 (3) (b) of the statutes is amended to read:
AB444,5,175 885.37 (3) (b) In any administrative contested case proceeding before a state,
6county, or municipal agency, if the agency conducting the proceeding has notice that
7a party to the proceeding has a language difficulty because of the inability to speak
8or understand English, has a hearing impairment, is unable to speak or has a speech
9defect, the agency shall make a factual determination of whether the language
10difficulty or hearing or speaking impairment is sufficient to prevent the party from
11communicating with others, reasonably understanding the English testimony or
12reasonably being understood in English. If the agency determines
limited English
13proficiency and
that an interpreter is necessary, the agency shall advise the party
14that he or she has a right to a qualified interpreter. After considering the party's
15ability to pay and the other needs of the party, the agency may provide for an
16interpreter for the party at the public's expense. Any waiver of the right to an
17interpreter is effective only if made at the administrative contested case proceeding.
AB444, s. 9 18Section 9. 885.37 (3m) of the statutes is amended to read:
AB444,5,2119 885.37 (3m) Any agency may authorize the use of an a qualified interpreter in
20a contested case proceeding for a person who is not a party but who has a substantial
21interest in the proceeding.
AB444, s. 10 22Section 10. 885.37 (4) (a) (intro.) of the statutes is amended to read:
AB444,5,2423 885.37 (4) (a) (intro.) The necessary expense of furnishing an a qualified
24interpreter for an indigent person under sub. (1) (1m) or (2) shall be paid as follows:
AB444, s. 11 25Section 11. 885.37 (4) (b) of the statutes is amended to read:
AB444,6,3
1885.37 (4) (b) The necessary expense of furnishing an a qualified interpreter
2for an indigent party under sub. (3) shall be paid by the unit of government for which
3the proceeding is held.
AB444, s. 12 4Section 12. 885.37 (5) (a) of the statutes is amended to read:
AB444,6,75 885.37 (5) (a) If a court under sub. (1) (1m) or (2) or an agency under sub. (3)
6decides to appoint an interpreter, the court or agency shall follow the applicable
7procedure under par. (b) or (c).
AB444, s. 13 8Section 13. 885.37 (6) to (10) of the statutes are created to read:
AB444,6,119 885.37 (6) (a) If a person with limited English proficiency requests the
10assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may
11provide the assistance of a qualified interpreter to respond to the person's inquiry.
AB444,6,1512 (b) A qualified interpreter appointed under this section may, with the approval
13of the court, provide interpreter services outside the court room that are related to
14the court proceedings, including during court-ordered psychiatric or medical exams
15or mediation.
AB444,6,19 16(7) (a) A person with limited English proficiency may waive the right to a
17qualified interpreter at any point in the court proceeding if the court advises the
18person of the nature and effect of the waiver and determines on the record that the
19waiver has been made knowingly, intelligently, and voluntarily.
AB444,6,2220 (b) At any point in the court proceeding, for good cause, the person with limited
21English proficiency may retract his or her waiver and request that a qualified
22interpreter be appointed.
AB444,6,2523 (c) Any party to a court proceeding may object to the use of any qualified
24interpreter for good cause. The court may remove a qualified interpreter for good
25cause.
AB444,7,4
1(8) Every qualified interpreter, before commencing his or her duties in a court
2proceeding, shall take a sworn oath that he or she will make a true and impartial
3interpretation. The supreme court may approve a uniform oath for qualified
4interpreters.
AB444,7,7 5(9) The delay resulting from the need to locate and appoint a qualified
6interpreter may constitute good cause for the court to toll the time limitations in the
7court proceeding.
AB444,7,11 8(10) The supreme court shall establish the procedures and policies for the
9recruitment, training, and testing of persons to act as qualified interpreters in a
10court proceeding and for the coordination, discipline, and retention of those
11interpreters.
AB444, s. 14 12Section 14. 905.015 of the statutes is amended to read:
AB444,7,22 13905.015 Interpreters for persons with language difficulties, limited
14English proficiency,
or hearing or speaking impairments. If an interpreter
15for a person with a language difficulty, limited English proficiency, as defined in s.
16885.37 (1g) (a),
or a hearing or speaking impairment interprets as an aid to a
17communication which is privileged by statute, rules adopted by the supreme court,
18or the U.S. or state constitution, the interpreter may be prevented from disclosing
19the communication by any person who has a right to claim the privilege. The
20interpreter may claim the privilege but only on behalf of the person who has the
21right. The authority of the interpreter to do so is presumed in the absence of evidence
22to the contrary.
AB444, s. 15 23Section 15. 938.315 (1) (h) of the statutes is created to read:
AB444,7,2524 938.315 (1) (h) Any period of delay resulting from the need to appoint a
25qualified interpreter.
AB444, s. 16
1Section 16. Nonstatutory provisions; supreme court.
AB444,8,42 (1) Court interpreter training. The supreme court is requested to cooperate
3with the technical college system board in the development and implementation of
4a curriculum and testing program for training qualified interpreters.
AB444, s. 17 5Section 17. Appropriation changes; director of state courts.
AB444,8,106 (1) Court interpreter fees. In the schedule under section 20.005 (3) of the
7statutes for the appropriation to the director of state courts under section 20.625 (1)
8(c) of the statutes, as affected by the acts of 2001, the dollar amount is increased by
9$311,200 for fiscal year 2001-02 and the dollar amount is increased by $311,200 for
10fiscal year 2002-03 to provide increased fees to court interpreters.
AB444, s. 18 11Section 18. Appropriation changes; supreme court.
AB444,8,1912 (1) Court interpreter program. In the schedule under section 20.005 (3) of the
13statutes for the appropriation to the supreme court under section 20.680 (2) (a) of the
14statutes, as affected by the acts of 2001, the dollar amount is increased by $100,000
15for fiscal year 2001-02 and the dollar amount is increased by $100,000 for fiscal year
162002-03 to increase the authorized FTE positions for the supreme court by 1.0 GPR
17project position for a 2-year period beginning on the effective date of this subsection,
18for the purpose of allowing the director of state courts to provide testing and training
19of court interpreters.
AB444, s. 19 20Section 19. Initial applicability.
AB444,8,2221 (1) This act first applies to interpreters used or appointed on the effective date
22of this subsection.
AB444, s. 20 23Section 20. Effective date.
AB444,9,2
1(1) This act takes effect on the day after publication of the 2001-03 biennial
2budget bill or the day after publication of this act, whichever is later.
AB444,9,33 (End)
Loading...
Loading...